Grants to fund investigations of Internet sex crimes againstchildren--fund created--panel, membership, terms--local matchingamounts--priorities--training standards--informationsharing--panel recommendation--power of arrest--sunset provision.
650.120. 1. There is hereby created in the state treasury the "CyberCrime Investigation Fund". The treasurer shall be custodian of the fundand may approve disbursements from the fund in accordance with sections30.170 and 30.180, RSMo. Beginning with the 2010 fiscal year and in eachsubsequent fiscal year, the general assembly shall appropriate threemillion dollars to the cyber crime investigation fund. The department ofpublic safety shall be the administrator of the fund. Moneys* in the fundshall be used solely for the administration of the grant programestablished under this section. Notwithstanding the provisions of section33.080, RSMo, to the contrary, any moneys remaining in the fund at the endof the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner asother funds are invested. Any interest and moneys earned on suchinvestments shall be credited to the fund.
2. The department of public safety shall create a program todistribute grants to multijurisdictional Internet cyber crime lawenforcement task forces, multijurisdictional enforcement groups, as definedin section 195.503, RSMo, that are investigating Internet sex crimesagainst children, and other law enforcement agencies. The program shall befunded by the cyber crime investigation fund created under subsection 1 ofthis section. Not more than three percent of the money in the fund may beused by the department to pay the administrative costs of the grantprogram. The grants shall be awarded and used to pay the salaries ofdetectives and computer forensic personnel whose focus is investigatingInternet sex crimes against children, including but not limited toenticement of a child, possession or promotion of child pornography,provide funding for the training of law enforcement personnel andprosecuting and circuit attorneys as well as their assistant prosecutingand circuit attorneys, and purchase necessary equipment, supplies, andservices. The funding for such training may be used to cover the travelexpenses of those persons participating.
3. A panel is hereby established in the department of public safetyto award grants under this program and shall be comprised of the followingmembers:
(1) The director of the department of public safety, or his or herdesignee;
(2) Two members shall be appointed by the director of the departmentof public safety from a list of six nominees submitted by the MissouriPolice Chiefs Association;
(3) Two members shall be appointed by the director of the departmentof public safety from a list of six nominees submitted by the MissouriSheriffs' Association;
(4) Two members of the state highway patrol shall be appointed by thedirector of the department of public safety from a list of six nomineessubmitted by the Missouri State Troopers Association;
(5) One member of the house of representatives who shall be appointedby the speaker of the house of representatives; and
(6) One member of the senate who shall be appointed by the presidentpro tem.
The panel members who are appointed under subdivisions (2), (3), and (4) ofthis subsection shall serve a four-year term ending four years from thedate of expiration of the term for which his or her predecessor wasappointed. However, a person appointed to fill a vacancy prior to theexpiration of such a term shall be appointed for the remainder of the term.Such members shall hold office for the term of his or her appointment anduntil a successor is appointed. The members of the panel shall receive noadditional compensation but shall be eligible for reimbursement for mileagedirectly related to the performance of panel duties.
4. Local matching amounts, which may include new or existing funds orin-kind resources including but not limited to equipment or personnel, arerequired for multijurisdictional Internet cyber crime law enforcement taskforces and other law enforcement agencies to receive grants awarded by thepanel. Such amounts shall be determined by the state appropriationsprocess or by the panel.
5. When awarding grants, priority should be given to newly hireddetectives and computer forensic personnel.
6. The panel shall establish minimum training standards fordetectives and computer forensic personnel participating in the grantprogram established in subsection 2 of this section.
7. Multijurisdictional Internet cyber crime law enforcement taskforces and other law enforcement agencies participating in the grantprogram established in subsection 2 of this section shall share informationand cooperate with the highway patrol and with existing Internet crimesagainst children task force programs.
8. The panel may make recommendations to the general assemblyregarding the need for additional resources or appropriations.
9. The power of arrest of any peace officer who is duly authorized asa member of a multijurisdictional Internet cyber crime law enforcement taskforce shall only be exercised during the time such peace officer is anactive member of such task force and only within the scope of theinvestigation on which the task force is working. Notwithstanding otherprovisions of law to the contrary, such task force officer shall have thepower of arrest, as limited in this subsection, anywhere in the state andshall provide prior notification to the chief of police of a municipalityor the sheriff of the county in which the arrest is to take place. Ifexigent circumstances exist, such arrest may be made and notification shallbe made to the chief of police or sheriff as appropriate and as soon aspractical. The chief of police or sheriff may elect to work with themultijurisdictional Internet cyber crime law enforcement task force at hisor her option when such task force is operating within the jurisdiction ofsuch chief of police or sheriff.
10. Under section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall sunset automatically six years after June 5, 2006, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall sunset automatically twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.
(L. 2006 H.B. 1698, et al., A.L. 2007 H.B. 41, A.L. 2008 S.B. 714, et al. merged with S.B. 932)
* Word "Money" appears in original rolls of S.B. 714, et al.
Grants to fund investigations of Internet sex crimes againstchildren--fund created--panel, membership, terms--local matchingamounts--priorities--training standards--informationsharing--panel recommendation--power of arrest--sunset provision.
650.120. 1. There is hereby created in the state treasury the "CyberCrime Investigation Fund". The treasurer shall be custodian of the fundand may approve disbursements from the fund in accordance with sections30.170 and 30.180, RSMo. Beginning with the 2010 fiscal year and in eachsubsequent fiscal year, the general assembly shall appropriate threemillion dollars to the cyber crime investigation fund. The department ofpublic safety shall be the administrator of the fund. Moneys* in the fundshall be used solely for the administration of the grant programestablished under this section. Notwithstanding the provisions of section33.080, RSMo, to the contrary, any moneys remaining in the fund at the endof the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner asother funds are invested. Any interest and moneys earned on suchinvestments shall be credited to the fund.
2. The department of public safety shall create a program todistribute grants to multijurisdictional Internet cyber crime lawenforcement task forces, multijurisdictional enforcement groups, as definedin section 195.503, RSMo, that are investigating Internet sex crimesagainst children, and other law enforcement agencies. The program shall befunded by the cyber crime investigation fund created under subsection 1 ofthis section. Not more than three percent of the money in the fund may beused by the department to pay the administrative costs of the grantprogram. The grants shall be awarded and used to pay the salaries ofdetectives and computer forensic personnel whose focus is investigatingInternet sex crimes against children, including but not limited toenticement of a child, possession or promotion of child pornography,provide funding for the training of law enforcement personnel andprosecuting and circuit attorneys as well as their assistant prosecutingand circuit attorneys, and purchase necessary equipment, supplies, andservices. The funding for such training may be used to cover the travelexpenses of those persons participating.
3. A panel is hereby established in the department of public safetyto award grants under this program and shall be comprised of the followingmembers:
(1) The director of the department of public safety, or his or herdesignee;
(2) Two members shall be appointed by the director of the departmentof public safety from a list of six nominees submitted by the MissouriPolice Chiefs Association;
(3) Two members shall be appointed by the director of the departmentof public safety from a list of six nominees submitted by the MissouriSheriffs' Association;
(4) Two members of the state highway patrol shall be appointed by thedirector of the department of public safety from a list of six nomineessubmitted by the Missouri State Troopers Association;
(5) One member of the house of representatives who shall be appointedby the speaker of the house of representatives; and
(6) One member of the senate who shall be appointed by the presidentpro tem.
The panel members who are appointed under subdivisions (2), (3), and (4) ofthis subsection shall serve a four-year term ending four years from thedate of expiration of the term for which his or her predecessor wasappointed. However, a person appointed to fill a vacancy prior to theexpiration of such a term shall be appointed for the remainder of the term.Such members shall hold office for the term of his or her appointment anduntil a successor is appointed. The members of the panel shall receive noadditional compensation but shall be eligible for reimbursement for mileagedirectly related to the performance of panel duties.
4. Local matching amounts, which may include new or existing funds orin-kind resources including but not limited to equipment or personnel, arerequired for multijurisdictional Internet cyber crime law enforcement taskforces and other law enforcement agencies to receive grants awarded by thepanel. Such amounts shall be determined by the state appropriationsprocess or by the panel.
5. When awarding grants, priority should be given to newly hireddetectives and computer forensic personnel.
6. The panel shall establish minimum training standards fordetectives and computer forensic personnel participating in the grantprogram established in subsection 2 of this section.
7. Multijurisdictional Internet cyber crime law enforcement taskforces and other law enforcement agencies participating in the grantprogram established in subsection 2 of this section shall share informationand cooperate with the highway patrol and with existing Internet crimesagainst children task force programs.
8. The panel may make recommendations to the general assemblyregarding the need for additional resources or appropriations.
9. The power of arrest of any peace officer who is duly authorized asa member of a multijurisdictional Internet cyber crime law enforcement taskforce shall only be exercised during the time such peace officer is anactive member of such task force and only within the scope of theinvestigation on which the task force is working. Notwithstanding otherprovisions of law to the contrary, such task force officer shall have thepower of arrest, as limited in this subsection, anywhere in the state andshall provide prior notification to the chief of police of a municipalityor the sheriff of the county in which the arrest is to take place. Ifexigent circumstances exist, such arrest may be made and notification shallbe made to the chief of police or sheriff as appropriate and as soon aspractical. The chief of police or sheriff may elect to work with themultijurisdictional Internet cyber crime law enforcement task force at hisor her option when such task force is operating within the jurisdiction ofsuch chief of police or sheriff.
10. Under section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall sunset automatically six years after June 5, 2006, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall sunset automatically twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.
(L. 2006 H.B. 1698, et al., A.L. 2007 H.B. 41, A.L. 2008 S.B. 714, et al. merged with S.B. 932)
* Word "Money" appears in original rolls of S.B. 714, et al.
Grants to fund investigations of Internet sex crimes againstchildren--fund created--panel, membership, terms--local matchingamounts--priorities--training standards--informationsharing--panel recommendation--power of arrest--sunset provision.
650.120. 1. There is hereby created in the state treasury the "CyberCrime Investigation Fund". The treasurer shall be custodian of the fundand may approve disbursements from the fund in accordance with sections30.170 and 30.180, RSMo. Beginning with the 2010 fiscal year and in eachsubsequent fiscal year, the general assembly shall appropriate threemillion dollars to the cyber crime investigation fund. The department ofpublic safety shall be the administrator of the fund. Moneys* in the fundshall be used solely for the administration of the grant programestablished under this section. Notwithstanding the provisions of section33.080, RSMo, to the contrary, any moneys remaining in the fund at the endof the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner asother funds are invested. Any interest and moneys earned on suchinvestments shall be credited to the fund.
2. The department of public safety shall create a program todistribute grants to multijurisdictional Internet cyber crime lawenforcement task forces, multijurisdictional enforcement groups, as definedin section 195.503, RSMo, that are investigating Internet sex crimesagainst children, and other law enforcement agencies. The program shall befunded by the cyber crime investigation fund created under subsection 1 ofthis section. Not more than three percent of the money in the fund may beused by the department to pay the administrative costs of the grantprogram. The grants shall be awarded and used to pay the salaries ofdetectives and computer forensic personnel whose focus is investigatingInternet sex crimes against children, including but not limited toenticement of a child, possession or promotion of child pornography,provide funding for the training of law enforcement personnel andprosecuting and circuit attorneys as well as their assistant prosecutingand circuit attorneys, and purchase necessary equipment, supplies, andservices. The funding for such training may be used to cover the travelexpenses of those persons participating.
3. A panel is hereby established in the department of public safetyto award grants under this program and shall be comprised of the followingmembers:
(1) The director of the department of public safety, or his or herdesignee;
(2) Two members shall be appointed by the director of the departmentof public safety from a list of six nominees submitted by the MissouriPolice Chiefs Association;
(3) Two members shall be appointed by the director of the departmentof public safety from a list of six nominees submitted by the MissouriSheriffs' Association;
(4) Two members of the state highway patrol shall be appointed by thedirector of the department of public safety from a list of six nomineessubmitted by the Missouri State Troopers Association;
(5) One member of the house of representatives who shall be appointedby the speaker of the house of representatives; and
(6) One member of the senate who shall be appointed by the presidentpro tem.
The panel members who are appointed under subdivisions (2), (3), and (4) ofthis subsection shall serve a four-year term ending four years from thedate of expiration of the term for which his or her predecessor wasappointed. However, a person appointed to fill a vacancy prior to theexpiration of such a term shall be appointed for the remainder of the term.Such members shall hold office for the term of his or her appointment anduntil a successor is appointed. The members of the panel shall receive noadditional compensation but shall be eligible for reimbursement for mileagedirectly related to the performance of panel duties.
4. Local matching amounts, which may include new or existing funds orin-kind resources including but not limited to equipment or personnel, arerequired for multijurisdictional Internet cyber crime law enforcement taskforces and other law enforcement agencies to receive grants awarded by thepanel. Such amounts shall be determined by the state appropriationsprocess or by the panel.
5. When awarding grants, priority should be given to newly hireddetectives and computer forensic personnel.
6. The panel shall establish minimum training standards fordetectives and computer forensic personnel participating in the grantprogram established in subsection 2 of this section.
7. Multijurisdictional Internet cyber crime law enforcement taskforces and other law enforcement agencies participating in the grantprogram established in subsection 2 of this section shall share informationand cooperate with the highway patrol and with existing Internet crimesagainst children task force programs.
8. The panel may make recommendations to the general assemblyregarding the need for additional resources or appropriations.
9. The power of arrest of any peace officer who is duly authorized asa member of a multijurisdictional Internet cyber crime law enforcement taskforce shall only be exercised during the time such peace officer is anactive member of such task force and only within the scope of theinvestigation on which the task force is working. Notwithstanding otherprovisions of law to the contrary, such task force officer shall have thepower of arrest, as limited in this subsection, anywhere in the state andshall provide prior notification to the chief of police of a municipalityor the sheriff of the county in which the arrest is to take place. Ifexigent circumstances exist, such arrest may be made and notification shallbe made to the chief of police or sheriff as appropriate and as soon aspractical. The chief of police or sheriff may elect to work with themultijurisdictional Internet cyber crime law enforcement task force at hisor her option when such task force is operating within the jurisdiction ofsuch chief of police or sheriff.
10. Under section 23.253, RSMo, of the Missouri sunset act:
(1) The provisions of the new program authorized under this sectionshall sunset automatically six years after June 5, 2006, unlessreauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized underthis section shall sunset automatically twelve years after the effectivedate of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendaryear immediately following the calendar year in which the programauthorized under this section is sunset.
(L. 2006 H.B. 1698, et al., A.L. 2007 H.B. 41, A.L. 2008 S.B. 714, et al. merged with S.B. 932)
* Word "Money" appears in original rolls of S.B. 714, et al.
